[Also available on LinkedIn.] There was a recent federal Court of Appeals decision for the 11th Circuit (this court covers Florida, Alabama and Georgia) that discusses the defenses for private I-864 enforcement actions. The court essentially determined that NO traditional common law defenses exist. That means that “unclean hands” (i.e., acting badly or lying), causing […]

[Also available on Facebook.] There is a recent federal Court of Appeals decision for the 11th Circuit (this court covers Florida, Alabama and Georgia) that discusses the defenses for I-864 enforcement actions. The court essentially determined that NO traditional common law defenses exist. That means that “unclean hands” (i.e., acting badly or lying), causing the […]

[Also available on Facebook.] I hope our posts on I-864 claims are both interesting and educational. If, after reading them, you think you have a right to financial support from an I-864, I encourage you to reach out to us. Why us? 1) We have a tremendous amount of federal litigation experience. We’ve litigated countless […]

[Also available on Facebook.] As many of you are aware, a standard joint I-751 petition must be filed within the 90 day window starting 90 days prior to expiration date of the green card. You can figure out the earliest day you can file using the online calculator provided by USCIS: https://www.uscis.gov/…/filing-calculator-for-form-i… The 90 day […]

[Also available on Reddit.] If you are eligible to file an I-751 Waiver because of more than one reason (divorce and abuse, for instance), it is important to apply based off both categories. The reason for this is to preserve your ability to argue both before an Immigration Judge in the event your initial petition […]

[Also available on Facebook.] Once a lawsuit is filed in federal court on a naturalization application, the district court reviews the application de novo (or anew). This means the court is not bound by any prior findings or decisions made by USCIS. This is in recognition of the tremendous value of citizenship rights. Further, many […]

[Also available on Facebook.] One event that can end the financial support obligations created by the Form I-864, Affidavit of Support, is if the sponsored immigrant (typically a spouse) has worked, or can be credited with, 40 qualifying quarters. This is the equivalent of 10 years worth of work. According to the Social Security Administration, […]

[Also available on Reddit.] The doctrine of consular non-reviewability is generally understood to mean that the decisions made by a consulate officer in regards to an immigration visa are final and immune from judicial review. While deferential, courts have not treated consular non-reviewability as absolute. Consular decisions are reviewable under the “facially legitimate and bona fide […]

[Also available on Reddit.] There is no exhaustion requirement to fulfill in order to bring a viable claim for financial support through the I-864 contract. This means that if your spouse or ex spouse is not fulfilling their financial obligation to you, you do not need to alert or depend on any government agency before suing […]

[Also available on Reddit.] There is no statutory exhaustion requirement to fulfill in order to bring a viable mandamus case for an immigration delay. However, some courts have held that mandamus relief is not appropriate where an adequate alternative judicial remedy is available. According to the 5th Circuit, a remedy “is adequate if it is ‘capable […]